What is Change of Status (COS) ?

When a non-immigrant or an international student/ worker enters US, that alien is given a visa category. This is mentioned in the I-94 that is issued at PoE (Port of Entry). Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country and getting the visa stamped for the new category. This process is called Change of Status and commonly referred as COS in immigration context.

What is the process for Change of Status (COS)?

When applying for COS, following steps happen:
1. The applicant submits COS form (I-539).
2. Additional documents need to be submitted to show that the alien has been maintaining valid status in US, and will be able to maintain status in the new visa category. To demonstrate this, one needs to submit:

Copy of current I-94, that states you are in valid status and not I-94 not expired

Depending on the status you are in, you need to submit additional documents.

If working on H1B or L1, copy of most recent payslips/ pay stubs and W2s

If on H4 or L2 as dependent, then copy of spouse’s payslips and W2s (when current visa category is H-4 or L-2)

If on F1 visa, copy of I20, if working on F1 OPT, relevant pay stubs as well.

If working employment documents like employment letters, etc.

Also, if on H4 or L2, then spouse’s employment documents and approval notice of H1B/L1

The above documents are just few examples, if you have any other documents that can prove your status, submit them accordingly.

How long does Change of Status (COS) take to process?

If just the COS is filed, then it takes few months to one year process, there is no specific timeline define. You can check USCIS website to see current processing times. If the COS is filed along with H1B with I-129 form, then it can also take anywhere from few weeks to few months to process. The actual processing times are available at USCIS website. If you have premium processing option available like for moving to H1B, then you can get it done in 15 days, but you need to check USCIS website, if that is available at that point. For instance, in September 2018, USCIS suspended premium processing until Feb 2019

How long can I stay in US with COS in pending state ? What if my I-94 expires ?

In general, you can stay in US, as long as a final decision on your Change of Status (COS) application is made. In general, if your I-94 expires, your status in US ends and you are considered out of status. But, in the case of COS pending application with I-94 expired, you do not accrue ‘unlawful presence’. If your COS is approved, your I-94 tie back to the expired date and you will be considered as maintaining proper status. If let’s say you get denial on your COS application and your I-94 has expired for the previous status, then you will need to leave US immediately after you get the decision notice. .

Can I expedite 221g or RFE processing?

If standard COS is filed, then it cannot be expedited. If it is filed along w/ I-129, then it can be upgraded to premium processing. In this case, it will be adjudicated within 15 calendar days. If your COS petition is filed under premium, then once your RFE response is given, the 15 days calendar days clock kicks in and will be expedited.

What happens once COS is approved?

If USCIS approves the COS, then they would issue approved 797 along with an attached I-94. The attached I-94 will have the start and end date of the new visa category along w/ annotation for the new visa category. The alien will be on the new visa category from the start date mentioned in the approval notice, and is supposed to start maintaining the new status from that date. For example, if COS is applied from L-1 to H-1, then L-1 status needs to be maintained until COS approval date, and H-1 status needs to be maintained thereafter.

What happens once COS is denied?

If USCIS denies the COS, then alien would continue to remain on your current visa category and need to maintain the same.

Is no stamping required w/ COS?

When COS is approved, the alien’s visa category changes immediately. No need to go for stamping. However, when the alien leaves the US next and wants to re-enter on new visa status into US, then they will have to go for the visa stamping of that visa category.

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I changed my COS from B2 to F1, and it’s approved on I-797 form in 6th of May 2019, I got 2 forms of i797, one is indicating my B2 extension till July 2019 and on 2nd one its shows F1 approval starting date 06 May 2019, my question is: 1)Can I start my education after expiration of B2 (which is in July) or I need immediately start after getting this notification? 2) Second question, if my plans changed and I want to leave US (let’s say in June) without starting my education what is the procedure and to whom I need to inform my leaving?

I have filed H4 COS for my wife from F1 OPT visa. My employer filed it on Jan 20th, 2019, USCICS issued RFE on March 15th, 2019, we replied RFE on April 13th, her F1-OPT is valid till July 10th, 2019. Any idea how much time USICIS will take to reply back her RFE for H4 COS.

No, you cannot work during grace period. Check ICE website . No, you cannot extend your status in order to work, unless you had H1B applied. You may apply for B2 COS, if there is a strong reason and you really cannot travel due to medical issues. You need to put that in the COS with USCIS. Talk to your DSO.

I have below question I was on F1 Visa and my family on F2, My H1 visa got approved on Nov 02 2019, and in last week of Dec 2019 I applied for COS for my family F2 to H4, still COS case of my family is pending and status shows “Case was received”. On I-94 Expiration Date is 31/03/2019 for my family and for me its null, My questions : 1)For how many days my family can stay in US legally now? 2)Can My family stay in US until get the COS result? 3)Is it good idea to go back India for H4 stamping?

1. If you have applied for COS for your family before I-94 expiration, they have maintained your proper status and can stay until the decision is out. 2. yes, if it was filed, when their I-94 and current status did not expire. 3. Yes, it is probably better, if you can get H4 stamping, you do not have to keep on waiting. Check with your attorney and make an informed decision.

Last year (2018) my wife was on F1 OPT and her company had filed H1b. H1b was picked in lottery but got denied. She has masters degree from US and is currently on H4 EAD. She got an FT offer and the company is wiling to file H1b for this year (2019). Is she cap-exempt for H1b, as her H1b was selected last year in lottery?

I got married in Nov 2017 and i was on F1 visa OPT at that time working as FTE for a respectable client. My wife went to a US embassy in India and got F2 in January 2018 and she came to USA in April 2018. Meanwhile my employer filed H1b for me and it got approved in November 2018. I filed for my wife’s COS from F2 to F1 and she enrolled in school as part time student in Aug 2018. USCIS website says case was received and on Dec 6 2018, it was moved to Potomac service center and has been the same since then. I have a couple of questions-

1) As i moved from F1 to H1b and applied COS before it was changed, what is her status now?

Hi, I have my F1 to H4 transfer in progress. And, my husband has changed his employer. In other words, my COS is pending from employer A and current employer for my husband is B. Suppose I get COS approval and as I will be India, had to go for stamping. Will it be a problem/risk for H4 stamping with COS approval from previous employer and husband’s i797 with current employee?

Iam a f2 dependent and very recently(10days ago)my husband visa changed from f1 to h1b.now

1.how should I change my status from f2 to h4? 2.should I need to go to my home country for change of visa? 3.how long can I stay in usa ?is there any time period to expire my status ? 4.will it possible to change visa status here in usa when iam in this country?

My Husband is in similar situation . My H1B got approved few days ago and i am not sure whether my employer applied or not for H4. Can you please let me now whether he can stay here or needs to go to india before getting h4.

Hi, I’m Madhuri. I appeared for F2 visa interview last month and got a 214(b) slip with the first box checked saying not demonstrated enough for strong ties. My husband is doing his PhD I am planning to re-apply again after a month. A month gap is ok to apply?

Also,I have a B1/B2 from my previous employer. I wanted to know what would be he process to change my status from B2 – F2 or B2- F1 in the US? Is it ok as per process yo go ahead and change the Visa in US? Please help me out Thanks in advance

I am planning to enroll for school this fall (Aug 28, 2017) and will be initiating my H1b to F1 Change of status. I am planning to file the petition (i-539) with F1 COS effective date as 1 Aug 2017 i.e.within 30 days prior to Class start date. However, my H1B visa and I94 will be expiring soon ( 7 Aug 2017) hence we will be filing the petition before visa expiry so as to be considered as timely filed. However, I just got to know from school DSO that until my F1 change of status is approved, I can attend the classes , however they will defer the date on I-20 extending it by every 15 days . (The change of status would take anywhere between 90 days to 6 months)

I see that for B2 candidates a bridge petition needs to be filed if their status is expiring. However, how will this work for H1B candidates where an extension is not possible ( without employment cannot file for extension).

in my case, since i will not be on H1b after my visa expiry ( aug 7) and will be quitting my job, I am worried if deferring of this date will make me go out of status as then my program start date will exceed 30 days. Is there anything I should be aware of or should take action to maintain my status before my F1 approval so that i am not out of status. What would be the best course of action that you would suggest here

Hi can you tell me how you handled this situation . iam also in the same boat now.

My program starts in 2 weeks after my i 94 expiration date. so do i need to file a b1/b2 to bridge the gap..? there are mixed opinions on this . what does the law says. iam doing COS from H1 to F1 . h1 expires 14 th june and class start on 1st jully . so doe i need to file a b1 /b2 to bridge this gap of 2 weeks..? iam apply for COS in first week of June because i want to be employed untill may end

I am currently on F1 OPT and just got mt h1b approval.. my h1b starts from September…there is no clear information about when my spouse can apply for h4 visa…do we have to wait till the h1b starts for my spouse to even attend the visa interview? Can he not appear now with all the approval documents? Any information on this and when he can enter the country will be helpful…

Looks like the spouse is outside of the country. There are couple of options: 1. Spouse enters US on F-2 visa and applies for COS from F-2 to H-4 w/ a start date same as your H-1 start date. 2. Spouse appears for H-4 visa stamp and then enters US on that visa stamp close to your H-1 start date.

My Consultancy filed a fresh H1B in April 2016 for fiscal year 2017. My case got picked up in Lottery. I haven’t herd back from USCIS and the status still shows “Case Was Received”. From April 3rd 2017 USCIS will start accepting H1B visa applications for 2018. My question is will USCIS still look into my case when they have started accepting applications for 2018.

Iam on L2 EAD, currently working for an employer. My husband has filed H1B , once it’s getting picked, Is there any specific time till my EAD will be valid or it will get reverted as soon as my Husband’s visa status changes.

I came to USA in H4 in 2015. And i applied for H1b in 2016 and it got approved this month. Its valid from till 2019.My question should i look/go for job as soon as possible or can i look /go for job next year.Will it be any issues. And also should i go for stamping in India. Please let me know

Hi, I recently was approved a change of status from F2 to F1 but the effective date I wrote on the I-539, 9/7/2016, is different from the valid date of the F1, 1/19/2017, mentioned in the approval notice I-797A. If the date would have been the one in the I-539 I would be eligible for CPT on summer 2017 but because this date is different my advisor says that I am eligible for CPT on my last semester of my graduate studies, on spring 2018 (two year degree started on fall 2016 until spring 2018). Is it possible to modify this date to the date requested on the I-539? If yes, what should I do. My advisor is not very helpful.

My h1b was applied With CP and I had moved to US on L2. My h1b petition got approved recently. My Employer is small scale employer and I had been chosen for In house project. Now my question is Which option is safer as there are no client details and also I had quit my job in India to come here on L2. Should I go for a Change of Status premium processing or go to India and get the stamping done ?

I recently got my COS approved from F2 to F1. Please help me with the further process involved where I have the following situation.

I got my COS approved on 12.12.2016. Due to some ocassion in the family I need to travel to India in February 2017. Now considering the requirement of Visa stamping, I am little concerned over the approval process in India. Students visas are highly in rejection. What do you suggest I should do. Indian or Mexico or Canada. Also, what sort of documentations I may need.

My husband is waiting for his COS approval from H4 to H1(applied by small employer),he is in US currently.He got the receipt number already.The application status is in RFE asking for client letter. Now our situation is he already got a job and client is waiting for him to join,Is it okay if he works with receipt?we applied in premium but his employer is slowing down the process a lot in submitting the docs.Please suggest

I came to know my company forgot to apply L2 to H4 to my family. They are with me in US. -My H1B approved on 21st-Oct-16. -Wife L2B I-94 up to 21st-Dec-16. – Tomorrow I am submitting L2B to H4. ( My friend was telling it is already late !!!)

My questions – Can they continue to stay until H4 comes. OR they are out of status now and now it illegal stay?

– Is it good idea to submit H4 COS now OR just go India and get the H4 stamping? During stamping how this lack of status will effect?

i recently got my HIB approval notice, i was change of status from F1 to H1B, now i need to get my visa stamped for traveling to and from the US, what do i need to do to get it stamped in the US as i am already here? if anyone has already done this process could you please tell me what forms you needed, applications, and where to get it stamped in the US.

I am working on OPT F-1 visa and my wife is on H1B (Which is still in the processing of renewal and doesn’t get approval notice yet.) We plan to apply COS H1B to F-2 for her. We have concerns as below hopefully can get your help:

1. Can she apply for COS when she is renewing her H1B? 2. What if her application get denied, is she still valid for current H1B?

I am currently working on L1 and applied for H1B my case was selected in lottery but not approved yet …my wife is here with me on L2 but we missed filing her H4 COS …my question is if i file a COS from L2 to H4 can she stay here in US until its gets approved ….what will happen if i get my H1B as approved as my L1 status will be changed and similarly her L2 will be changed will it be out of status ?

1. Apply for COS now using H-1 receipt number. USCIS may issue RFE asking for proof of H-1 approval. If H-1 doesn’t get approved by that time, upgrade to PP, get approval and respond to COS. No impact on her immigration status and she can continue to stay in US.

2. Wait for your H-1 COS approval and then soon after apply for her COS. This would be a gray area as USCIS may or may not ignore the time you were on H-1 and she was still on L-2.

You can do it soon after A’s approval has been received. However, if there is a delay then you should go back to work for A as they would hold your H-1 status and not B (I assume H-1 is filed and approved w/ COS).

My I-94 for L2 is expiring on September 5. I was enrolled in a graduate school and was taking one or two courses every semester. I’m planning to file COS to F1 and have following questions: 1. Would COS to F1 need to be effective from start of semester on 8/22 or can I start on L2 and then apply for COS to F1 before I-94 expires on 9/5 2. Do I need to maintain full time status if I file COS now with I-20 start date of 8/22 3. If I take one or two courses this semester and if my COS is approved in the middle of semester in Nov, will it be okay since I started the semester on L2 and became F1 only in Nov? 4. If COS is approved with effective date in Nov, will my stay from I-94 till COS approval date be considered out of status?

1. You would remain on L-2 until COS is approved. This may happen by 8/22 or can take more time. 2. On L-2, you can easily enroll in school and take courses as per the curriculum. 3. You have to talk to school if you can take additional courses in b/w of semester. 4. No, because you have a timely filed COS petition pending during that time.

Am currently working for employer A in L2 EAD and I got my H1B selected through lottery through a consultancy B. My questions are

1)Can I transfer my H1B once it gets approved to my current employer without having to work under consultancy B?

2)If so, do I need original i797 approved petition to transfer to my current employer or Copy of the approved petition and print out of online status showing it as approved is enough to transfer to current employer?

1. Yes 2. Copy of approval notice should be sufficient. If not, get the receipt number and print out of online status showing it as approved.

BTW, if your H-1 is approved w/ COS, then you need to work on H-1 from COS effective date. Doesn’t matter if you work for B or A (provided they have filed the transfer petition immediately after COS approval).

I am on L2 EAD and my H1B got approved. How do I check if it is approved with COS or consular processing. If it is approved with consular processing, can I stay with my L2 without activating the H1B as I am still looking for a job.

Husband has L1B and working in US Wife got H1B Picked up in Lottery and Petition is approved(H1 Filed by Company A) but Visa is not stamped yet. Now Wife quits Company A and Travels to US on L2 Visa->Gets Jobs after getting EAD via L2 in Company B-> Can Company B be File a H1 Cap exemption and get the COS done from L2 to H1B?

Yes, they can still apply for cap-exempt petition. They would need copy of A’s approval notice for this. If not available, they would need at least the receipt number and print out of online status showing it as approved.